It’s a common misconception that parties can practically freely formulate the terms of lease agreements. This is not entirely true; when drafting a contract, it’s important to consider not only your preferences but also the letter of the law. Lease agreements are entered into in a variety of circumstances. For this reason, Polish law provides for three different types of lease agreements . Each has different rights, obligations, and limitations. It’s worth choosing wisely and limiting the risk of costly mistakes due to ignorance. Today, we’ll discuss the most popular lease agreement – the general lease agreement . Subsequent articles will explore the remaining two types: the occasional lease agreement and the institutional lease agreement, which, unlike the general lease agreement, are not subject to this law.
Lease agreement
A lease agreement is governed by Article 659 of the Civil Code. According to this provision, the landlord obligates the landlord to provide the property for use in exchange for payment of rent. Rent does not have to be paid in monetary currency (remuneration can be paid in benefits or, for example, sacks of wheat). Leases are always for consideration.
Lease agreement based on general principles
A general lease agreement is the oldest type of lease agreement. Only a natural person can be the lessor, while the lessee can be a natural person, a sole proprietor, a civil partnership, a general partnership, a limited partnership, a limited joint-stock partnership, a professional partnership, a limited liability company, and a joint-stock company.
In this type of contract, all rules are regulated by the Act on the Protection of Tenants’ Rights .
Contract duration and terms of termination
This Act stipulates that a contract may be concluded for a fixed or indefinite period. This type of contract may be concluded in writing or orally . The Owner’s ability to terminate the contract is limited only to the reasons specified in the Act.
1. If the tenant uses the premises in a manner contrary to the agreement or destroys property or makes it difficult for other premises to be used
2. If the tenant is in arrears with the payment of rent or other charges for at least three full payment periods
3. If he rented, sublet or gave the premises for free use without the required written consent of the owner
4. If the tenant uses premises that require vacating due to the need to demolish or renovate the building .
5. If the Owner or his/her first-line relative intends to live in the premises belonging to him/her.
Any attempts to circumvent the restrictions by entering your reasons for terminating the contract are legally invalid and do not bind the tenant.
The tenant may terminate such an agreement while maintaining the notice period specified in the agreement.
The rights and obligations of the landlord in a lease agreement based on general principles
The Landlord is obliged to deliver the premises in a condition appropriate to the agreed use and to maintain the premises in such condition throughout the duration of the agreement,
Repairs
The landlord’s obligations include in particular:
1) maintaining the premises and facilities of the building for the common use of residents and its surroundings in due condition, order and cleanliness ;
2) carrying out repairs to the building, its rooms and equipment , and restoring the damaged building to its previous condition, regardless of the causes, provided that the tenant is obliged to cover losses resulting from his fault;
3) making repairs to the premises, repairs or replacement of installations and elements of technical equipment to the extent not attributable to the tenant, in particular: a) repairs and replacement of internal installations: water, gas and hot water – excluding fittings and equipment, as well as repairs and replacement of internal sewage installation, central heating with radiators, electrical installation, collective antenna – excluding fittings, b) replacement of heating furnaces, window and door joinery, floors, floor coverings and floor coverings, as well as plaster.
Deposit
The conclusion of a lease agreement may be contingent upon the tenant paying a security deposit to cover any lease liabilities due to the landlord on the date the premises are vacated. The deposit cannot exceed twelve times the monthly rent for the premises, calculated at the rent rate in effect on the date the lease is concluded. The deposit is refundable within one month of the premises being vacated or the tenant acquiring ownership of the premises, after deducting any lease liabilities owed to the landlord.
Rent increases
Rent or other fees for the use of the premises, with the exception of fees beyond the landlord’s control, cannot be increased more frequently than every six months. If fees beyond the landlord’s control (e.g., utility fees) are increased, the landlord is obligated to provide the tenant with a written statement of the fees, along with the reason for the increase . The tenant is obligated to pay increased fees only in the amount necessary to cover the landlord’s costs of delivering supplies to the premises used by the tenant. An increase in rent or other fees for the use of the premises that does not exceed the average annual consumer price index for the previous calendar year in a given calendar year is considered justified. The average annual consumer price index for the previous calendar year is published in a press release by the President of the Central Statistical Office in the Official Journal of the Republic of Poland, "Monitor Polski."
Inspections of the premises and equipment
Article 10, Section 3 of the Tenant Protection Act stipulates that, after a prior appointment , the tenant must make the premises available to the landlord for a periodic, and in particularly justified cases, ad hoc, inspection of the condition and technical equipment of the premises, as well as for determining the scope of necessary work and its execution. This provision implies that even if the parties do not provide for such an entitlement in the agreement, the landlord is entitled to it. The landlord must be able to inspect the equipment for which he is responsible for repair and maintenance. This applies to internal installations: water, gas, and hot water (excluding fixtures and fittings), as well as repairs and replacements of internal sewage systems, central heating systems with radiators, electrical installations, and the collective antenna—excluding accessories.
The rights and obligations of the tenant in an agreement based on general principles
The basic right is to use the rented apartment, while the basic obligation is to pay the rent on time . In addition to paying rent, the tenant must also notify the tenant of any repairs that fall within their scope of responsibility.
Taking care of the premises
The tenant is obligated to maintain the premises and the rooms they are authorized to use in proper technical, hygienic, and sanitary condition, as defined by separate regulations, and to maintain good housekeeping. The tenant is also obligated to maintain and protect from damage or vandalism the parts of the building designated for shared use, such as passenger elevators, stairwells, corridors, chute rooms, other utility rooms, and the building’s surroundings.
Repairs
The tenant is responsible for the repair and maintenance of:
1) floors, floor coverings, floor coverings and wall coverings made of ceramic, glass and other materials;
2) windows and doors;
3) built-in furniture , including its replacement;
4) kitchen stoves, cookers and instantaneous water heaters (gas, electric and coal), water heaters, bathtubs, shower trays, toilet bowls, sinks and washbasins with siphons, taps and tap valves and other sanitary equipment with which the premises are equipped, including their replacement;
5) electrical installation accessories and protection, excluding the replacement of cables and collective antenna accessories;
6) coal and storage furnaces, including replacement of worn-out components;
7) floor central heating, and if it was not installed at the expense of the lessor, also its replacement;
8) drainage pipes of sanitary facilities up to collecting risers, including immediate removal of their blockages;
9) other elements of the equipment of the premises and adjacent rooms by: a) painting or wallpapering and repairing damaged plaster of walls and ceilings, b) painting doors and windows, built-in furniture, kitchen, sanitary and heating equipment.
Repair deadline
The tenant may set a reasonable deadline for the landlord to complete repairs if these are the landlord’s responsibility. If the deadline expires without notice, the tenant may make the necessary repairs at the landlord’s expense.
Obligation to provide access to premises
In the event of a breakdown causing damage or posing an immediate threat of damage , the tenant is obligated to immediately provide access to the premises for repair. If the tenant is absent or refuses to provide access, the landlord has the right to enter the premises in the presence of a police officer or municipal (city) guard, and if necessary, with the assistance of the fire department.
Protocol
Before handing over the premises to the tenant, the parties prepare a protocol detailing the technical condition and wear and tear of the installations and equipment. This protocol serves as the basis for settlement upon return of the premises.
Obligations after the end of the lease
After the lease ends and the premises are vacated, the tenant is obligated to renovate the premises and make any repairs that are burdensome to the tenant. They are also obligated to return to the landlord the value of any worn-out technical equipment that was present at the time of handover. If the tenant replaces any of this equipment during the lease period, they are entitled to a refund equal to the difference in value between the equipment’s condition on the date of occupancy and the date of vacancy. These amounts are calculated based on the prices in effect on the settlement date.
Adaptations of premises – possibility
The tenant may make improvements to the premises only with the landlord’s consent and on the basis of a written agreement specifying the method of settlement for this purpose.
Refusal of a rent increase
The tenant may refuse to accept the increase in writing with the effect of terminating the legal relationship on the basis of which the tenant occupies the premises upon the expiry of the notice period, or challenge the increase by filing a lawsuit with the court to determine that the increase is unjustified or is justifiable but in a different amount; proving the justification of the increase rests with the landlord.
Legal basis:
Act of 21 June 2001 on the protection of the rights of tenants in the housing resources of municipalities and on amending the Civil Code